Criminal Division

Jurisdiction

The Shasta County Superior Court has jurisdiction over infraction, misdemeanor and felony cases. The Criminal Division handles any complaint filed by a prosecuting agency, including but not limited to the Shasta County District Attorney and the State Attorney Generals Office representing the cities of Redding, Shasta Lake City, Anderson, and Burney.

Appearance Information

Misdemeanors, felonies, and warrants require a court appearance. Confirmed court appearances will be on the calendar. If your name is not listed on the calendar and should be, report to the Criminal Clerk’s Office in Room 219 for additional information. Provide the clerk with any paperwork you have that relates to your case.

Please report directly to the courtroom to which you have been assigned. Courtroom doors generally open at 8:00 a.m.

To appear in court on a non-calendared case, you must report to the Clerk’s Office by 8:30 a.m., Monday through Friday. Provide the clerk with any relevant paperwork/information, such as a case number, copy of a citation, bail/bond receipt, driver’s license number and/or proof of compliance of a court order.

If you are requesting information regarding a defendant who has been brought to court in custody, please make your inquiry in the Criminal Clerk’s Office. Please have the defendant’s name, date of birth, and arresting agency ready.

Failure to Appear

If you fail to appear in court as promised/ordered, the court may order and issue a warrant for your arrest. The prosecuting agency may also ask the court to add additional charges against you for failing to appear. Further, you may be punished by jail and/or a fine, regardless of the disposition of the original charge. In addition, the Department of Motor Vehicles may withhold issuance or renewal or your driver's license and may revoke or suspend your driving privilege. The failure to appear hold on your driver’s license will be released upon your appearance in court.

Legal Representation

Clerks are prohibited by law from giving legal advice. If you are provided legal assistance through the Public Defender's office, or any other court-appointed counsel, the court will make a determination of your ability to pay all or part of the costs. If the court finds that you can pay, it may make an order for you to pay the costs. This order has the same force and effect as a civil judgment. The court may also order that you return for additional hearings to determine your ability to pay the cost of a court-appointed counsel after your case is concluded. If you cannot afford an attorney, the court will appoint one at the time of arraignment if you meet the qualifications.

Cases Handled In the Criminal Division

Felony

Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

Misdemeanor

Misdemeanor crimes are punishable by a maximum fine of $1000 and a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and driving under the influence.

Court Proceedings

Arraignment

The first hearing after an arrest is called an arraignment. The accused is given a copy of the complaint, informed of the charges filed, advised of his or her constitutional rights and enters a plea to the charges.

Pretrial

At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

Preliminary Hearing

A preliminary hearing is a proceeding before a judicial officer in which evidence is presented so the court may determine whether there is sufficient cause to hold the accused for trial on a felony charge.

Jury Trial

A felony trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.

If the case is a misdemeanor, and the defendant is in custody at the time of arraignment, the jury trial must begin within 30 days of arraignment or plea. If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days of arraignment or plea.

Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately.

Court Trial

In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.

Addicted Offender Program (AOP)

This program is designed for repeat offenders who are substance abusers. It is intended for individuals who have not been able to overcome his or her addiction on their own, through diversion programs and through past probation supervision. The court’s goal is to refer defendants to the Program who will have the best chance of success.

The Program is built upon two very important concepts. First, the Program is designed for the offender who genuinely wants a drug free life and is not interested solely in avoiding the penalties for his or her crimes. Second, participation in the Program is NOT something to be used as a bargaining tool in plea negotiations. Admission to the Program is totally discretionary with the court.

In order to participate in the Addicted Offender Program (AOP), defendants must meet clearly defined criteria. All defendants must have a history of or evidence of present drug abuse or addiction, their abuse or addiction is at least one motivating factor in the commission of their crime, be at least 18 years old, and must not be on parole. Criteria which will disqualify a defendant currently charged or previously convicted of a crime include the possession or use of a firearm, a crime in which a death, serious bodily injury or intent to cause either occurred, or crimes involving sexual misconduct. The District Attorney's Office and the Probation Department determine a defendant's eligibility.

Eligible defendants enter a guilty plea, sign a consensual agreement for admittance to the program, and make regularly scheduled court appearances. These status hearings are for the purpose of promoting the treatment and rehabilitation of the defendant. A probation officer also works very closely with the defendant by monitoring program compliance and provides progress reports to the bench officer.

If a defendant does not or cannot comply with requirements of the treatment program plan and discontinue the use of drugs, participation in the program is terminated. The defendant is returned to custody and criminal proceedings are reinstated.

Defendants, who establish a consistent pattern of clean drug tests, employment or enrollment in vocational or educational programs, and other proof of a stabilized lifestyle, will graduate from the program. All criminal charges are dismissed.

Appeals

For misdemeanor cases, a Notice of Appeal must be filed within 30 days of the date of the judgment or order. For felony cases, a Notice of Appeal must be filed within 60 days of judgment or order. Appeal information and forms may be obtained in the Clerk’s Office. The clerk cannot advise you of any legal issues regarding your appeal or advise you as to the content of any required papers.

Sheriff's Work Release

The Sheriff's work release is an alternative to continuous confinement in the main jail. Participation in this program is ordered by the court at the time of sentencing, however, the Sheriff's Department determines eligibility. For further information, you may call 530-245-6086.

Fines

If the court orders a fine, additional Penalty Assessments may be added.

Fines may be paid by cash, money order, credit card, debit card, or personal check in the Clerk's Office. You may also pay by mail. To ensure your payment is applied to your case, always write your case number on your check or money order. Please do not mail cash. If you would like to request a receipt, you must include a self-addressed stamped envelope.

Community Service

As an alternative to paying your fine, you may request to convert your fine to community service. These conversions are made in the courtroom or in the Criminal Clerk’s Office. Fines are converted at the rate of $50.00 per 8 hour day. Court imposed fees cannot be converted to community service and must be paid to the Court’s Collection Division. There is a non-refundable conversion fee that will be added to your account balance. You will be referred to the Probation Department where they will determine your work assignment.

Failure to Pay

If you fail to pay a fine as promised/ordered, the court may order and issue a warrant for your arrest. Further, you may be punished by jail and/or a fine, regardless of the disposition of the original charge.

Alternatively, upon failure to pay a fine, the court may apply civil penalties to enforce the monetary conditions of a sentence. In an effort to facilitate the effective collection of fines, fees and assessments ordered or authorized by the court, they will be collected by the court’s comprehensive collection program.

Section 1214.1 (a) of the Penal Code authorizes a $300.00 civil assessment and states, "In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court."

Expungement

An expungement is a process by which a conviction or plea (of Guilty or No Contest) in a criminal action is set aside and the case is dismissed. It relieves the defendant of certain penalties and disabilities that result from a criminal action. You may file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and your entire sentence terms have been completed, including payment of all fines and fees on all cases.

You may file your petition by mail or in person at the Criminal Clerk’s Office, 1500 Court Street, Room 219, Redding, CA 96001. A filing fee of $100.00 per case must be submitted with your petition. Your petition will be submitted to a judge and you will be notified by mail of the court’s decision.

Public Records

The public may not have access to an arrest report or any document containing a victim’s name, address, or telephone number.

Photocopies of public records can be requested in the Clerk's Office. Please refer to the current Fee Schedule for copy and certification fees.

Record Requests

If you have a case number and you would like copies of the file, submit a written request along with a check with the words "Not To Exceed $25.00" to cover the initial cost of the copies. You will be notified (by mail or phone) should the cost exceed $25.00. Checks and money orders should be made payable to "Shasta County Superior Court". Mail your request to 1500 Court Street, Room 219, Redding, California, 96001, Attention: Criminal Records. Please include a self-addressed, stamped envelope.

Name Indexing/Search Fees or to Inquire About a Case

You can search our Case Index on line for the case information that you are seeking or you may submit a request for a criminal background search. These requests may be made by email at criminal@shasta.courts.ca.gov, by fax at 530.999.2003, in person in the Clerk’s Office, or through the postal mail. *Name indexing and case disposition information are not provided over the telephone.

The Clerk’s Office will conduct a name index/name search when requested. Name searches are limited to cases filed within Shasta County. The information requested may be picked up in person or returned by email, by fax, or by mail in a self-addressed, stamped envelope.

Please refer to the current Fee Schedule for name index costs, or contact the Clerk’s Office for more information.

Costs for Copies

$.50 per page for copies

$25.00 per certification of a copy of paper, record, or proceeding on file

$15.00 for searching records or files, for each search longer than 10 minutes (includes index search)